Trade Secret Misappopriation Trade Secrets Intellectual Property
What kinds of monetary damages are available for trade secret misappropriation?
Most jurisdictions permit a recovery of both actual loss caused by the misappropriation and any unjust enrichment gained by the culprit so long as the enrichment is not also included in the “actual loss” portion of the equation. If such damages are not easily proved, the aggrieved party may seek to impose a “reasonable royalty” damages. In addition, if the conduct leading to the trade secret misappropriation was willful and malicious, most states permit the imposition of punitive damages and the award of attorney’s fees.
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